Published 4:00 am, Wednesday, May 7, 2003

2003-05-07 04:00:00 PDT Sacramento -- In a second attempt to deal with the hazardous leftovers of the technology age, a Peninsula lawmaker has used Gov. Gray Davis' suggestions to revamp legislation to create recycling programs for outdated computer monitors and televisions.

The new bill to be unveiled today would require manufacturers to develop easy ways for consumers to get rid of obsolete equipment. It could also dramatically change the way Silicon Valley builds computers, and, computer makers warn, increase costs.

Despite that warning, momentum is building in Sacramento and nearly a dozen other statehouses across the country to better handle the millions of pieces of old electronics that contain toxic substances like lead and mercury. Studies have concluded that much of the high-tech junk ends up polluting developing countries.

"In terms of environmental issues, I consider this to be at the top of the list of unaddressed problems," said Winston Hickox, secretary of California's Environmental Protection Agency and the governor's top adviser on the environment.

But the governor signaled he was interested in creating a new law this year.

And with several computer companies -- most notably Palo Alto's Hewlett- Packard -- acknowledging the need to do something to systematically address the problem, Sher believes the time is right for California to set up a national model for recycling so-called e-waste.

"The karma is better than last year," noted Sher, D-Palo Alto, the veteran lawmaker who authored the state's landmark bottle bill, which added a fee to beverage containers that pays for recycling programs.

Californians are stockpiling 6 million old computers and TVs in their attics and basements, according to a state survey. Computer monitors and television sets with cathode ray tubes are banned from state landfills.

Several computer companies will take back out-of-date models for a price. IBM, for instance, charges $30.

Local governments also provide occasional opportunities for residents to turn in electronics, but cash-strapped cities and counties are cutting down on those programs.

Sher and recycling advocates want to develop programs that will make the process easy and free.

"There should be no cost penalty for doing the right thing," said Mark Murray, executive director of Californians Against Waste, a nonprofit environmental group.

SB20, scheduled to face its first committee hearing Monday, would allow each manufacturer to develop its own program for taking in equipment. Suggestions for collection include developing drop-off sites or curbside pickup programs, or providing a way to mail back computers or TVs.

The bill also calls for the eventual phaseout of the hazardous materials now included in cathode ray tubes.

Last year, Sher proposed adding $10 to the cost of new computers and televisions to set up a state-run recycling program. Lawmakers OKd the idea, but Davis rejected it, arguing it would create a new state bureaucracy. In his veto message, however, the governor noted that electronic waste was a serious concern that the state should address by requiring companies to come up with the solution.

Davis suggested the state look to a plan proposed by the European Union.

"I believe California should have a new law next year," the governor wrote in September.

Sher used many of the governor's suggestions as a blueprint for the new bill, and he spoke with Hickox this week about the issue.

A Davis spokesman said the governor was preoccupied with the budget deficit and had not taken a position yet.

But there are other signs Sher may be more successful this year.

Computer-makers who waged war against the idea last year are taking a more conciliatory approach so far. An HP spokesman said the company wanted to work toward a compromise, and most companies acknowledge the need for recycling programs.

"The issue now is how we do this best," said Margaret Bruce, director of environmental programs for the Silicon Valley Manufacturing Group.

But the high-stakes debate isn't likely to remain so friendly.

Bruce and some manufacturers say there's plenty they don't like about the current version of the bill. Companies will probably push for several years to get their programs in place; environmentalists want the plans finished by the end of the year.

Companies like HP want local governments to help finance the collection of equipment, and California manufacturers also want to ensure that out-of-state companies that sell computers online -- like Dell -- are subject to the same rules they are.